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Oklahoma Collections Questions & Answers
1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: Why is the Pushmataha Court allowing a debt collector to sue me for a debt over 7 years old with no further contact?

Last contact with debtor was a letter dated 2015 asking for debt forgiveness.

I've responded to the Motion for judgement and motioned for case dismissal, with copy of letter to creditor with Affidavit. Motion to dismiss was that the debt is 7 yrs old and well passed the statute of... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2022

Your veteran status has no bearing on anything. A motion to dismiss is inappropriate as a response to a motion for judgment. If you did not answer the allegations of the complaint, the plaintiff obtained a default. If you did, your answer may not have raised, in the eyes of the plaintiff, any... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Oklahoma on
Q: Judgment approved on 6/9/17. Garnishment affidavit filed 4/22/22. Garnishment approved 6/14/22. 5 year SOL has passed.

If SOL expired before wage garnishment was issued is it legal to take my money?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

The statute of limitation to collect on a judgment is much longer than 5 years. The 5 year SOL applies to bringing the lawsuit. You have no statute of limitation defense.

1 Answer | Asked in Estate Planning, Bankruptcy, Civil Litigation and Collections for Oklahoma on
Q: VA disability pay is protected from garnishment. Would stock purchased with VA disability pay also be protected?
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

Possibly, but the burden to trace it and show it was purchased from VA funds is on you.

1 Answer | Asked in Bankruptcy, Health Care Law, Small Claims and Collections for Oklahoma on
Q: im being sued by a hospital for not paying back a debt that i have partially paid back. it says i need to write a letter

i tried using the Solo suit but my petition seems different that what its asking. can anyone help me?

Tim Akpinar
Tim Akpinar
answered on May 17, 2022

This is something that an Oklahoma attorney is best suited to advise on, but your question remains open for four weeks. If this is something in the lawsuit stage, an ordinary letter might not suffice as a response. There could be more formal legal responses needed. Unfortunately, it's... Read more »

1 Answer | Asked in Collections for Oklahoma on
Q: My husband had a judgment filed against him. He passed away in March.

Am I responsible for his judgment?

Our home is in joint tenancy

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2022

I am sorry for your loss. I would recommend that you contact a probate attorney to discuss your husband's estate (assets and debts) and specifically the question you have posted. A probate attorney might be the best attorney to assist you in determining how to handle (or fight) the judgment... Read more »

1 Answer | Asked in Contracts and Collections for Oklahoma on
Q: Do I need an attorney to do a writ of assistance to obtain personal property and money over 10,000.00?
Charles Watts
Charles Watts
answered on Feb 22, 2022

Oklahoma allows pro se representation so no you do not have to use a lawyer. However I would advise you to use one because there are a lot of things that can get missed if you are not familiar with the process.

2 Answers | Asked in Collections for Oklahoma on
Q: Got served a notice to appear in court over furniture we allowed to be repossessed years ago company won’t settle

We tried to call and see if they’d settle for a lower amount to keep it out of court they declined and are threatening putting Liens on property and taking wages over $1300

Anna L Self
PREMIUM
Anna L Self
answered on Sep 7, 2021

What is your question? They are not required to settle. Once they have a judgment they can garnish your wages for 25% and put a lien on your property. If you allowed the property to be repossessed years ago you might have a defense but you would need to speak with an attorney. Good luck!!

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1 Answer | Asked in Criminal Law and Collections for Oklahoma on
Q: Can a bogus check from 15 years ago that was 66 dollars be brought up now and i dont even remember writing it

In oklahoma

Anna L Self
PREMIUM
Anna L Self
answered on Aug 24, 2021

Whether you remember the check or not is irrelevant. However, if the bogus check was from 15 years ago and they have made no efforts to collect (lawsuit, garnishment, etc.) then they would be past the statute of limitations.

2 Answers | Asked in Bankruptcy and Collections for Oklahoma on
Q: Are there any free resources to help file Bankruptcy? I lost a Business due to Covid and I'm unable to pay for filing
Timothy Denison
Timothy Denison
answered on Jul 22, 2021

You can petition the court to pay in installments or to waive the filing fee entirely.

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1 Answer | Asked in Collections and Health Care Law for Oklahoma on
Q: In the state of Oklahoma is a wife responsible for her husbands medical bills after death?

There is no property owned nor any other asset to go to probate. He leaves me a single parent of our 4 children, all under the age of 13. He was the only one working. I have been a homemaker for the length of our 14 yr marriage. He did have a life insurance policy for $25000. But no other financial... Read more »

Anna L Self
PREMIUM
Anna L Self
answered on Jul 13, 2021

Yes, you can be held responsible for the medical debt of your spouse. You can see if you can negotiate a lower amount with the creditors or you can see if bankruptcy would be an option for you to discharge the medical debt. Good luck!

1 Answer | Asked in Consumer Law, Contracts, Collections and Small Claims for Oklahoma on
Q: In the state of Oklahoma can a creditor or a repo man pay somebody to tell them where a car is that's up for repo?
Anna L Self
PREMIUM
Anna L Self
answered on Jul 13, 2021

I am not aware of any law that would prohibit this so I believe they could.

1 Answer | Asked in Civil Rights and Collections for Oklahoma on
Q: Can I be placed in jail over a medical debt from a collection agency who has an attorney now representing them?

I have a debt collection agency who is represented by an attorney who has taken me to court and still hasn't provided details on what the medical bills are for. I just know they are from at least 2009; I was pulled over last year and was sent to jail over a bench warrant that was issued back... Read more »

Anna L Self
PREMIUM
Anna L Self
answered on Jul 13, 2021

You don't go to jail for not paying the debt. You go to jail for not appearing in court when the Judge orders

you to appear. Generally, it is after a judgment is awarded to the creditor and they file for a hearing on assets. You are served with an order to appear at the hearing on...
Read more »

1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Oklahoma on
Q: ) I have questions regarding the validity of a judgement in Canadian Co. from 2009 that according

To the title company would be subject to being satisfied from my portion of the real estate equity, just recently having acquired, in a joint tenancy along with my sister and one of their spouses, days prior to my moms death she requested we file a deed transferring ownership. The judgement is in... Read more »

James Tack Jr
James Tack Jr
answered on Apr 15, 2021

Judgments can be liens on real property of the judgment debtor once they are filed of record. Generally, the lien lasts for 5 years but they can be extended for successive 5 year periods. You would have to consult with an attorney with all of your documents to determine if the judgment is still a... Read more »

1 Answer | Asked in Divorce and Collections for Oklahoma on
Q: I separated from my ex husband years ago but left the electric bill in my name am i still responsible for it?

hes passed away and left me with about $600 in passed due bills

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 10, 2021

You are still responsible to the utility company. If you ever file for divorce, remember to ask to be reimbursed for any amount that you paid.

1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: Can credit card companies use plaintiff's different names when suing for credit card debt?

My girlfriend divorced about 3 years ago. Recently, a bank brought two different suits against her for two different credit card debts from when she was married. In one case the bank used her maiden name which she now goes by. But in the second case the bank used her former married name which... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2021

An Oklahoma attorney could advise best, but your post remains open for two weeks. As a GENERAL matter, a claimant could use various forms of the defendant's name to cover all bases. This could also including using "A/K/A" in the caption. An Oklahoma attorney could offer the most... Read more »

1 Answer | Asked in Divorce, Real Estate Law, Banking and Collections for Oklahoma on
Q: can a por person had legal counsel for a divorce
Pete David Louden
Pete David Louden
answered on Jun 26, 2020

Yes.

1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: I negotiated a garnishment from the usual 25%, which added up to $264 every two weeks, to $100 every two weeks.

How long from the judge signing the order does the collection company have to implement the order?

Timothy Denison
Timothy Denison
answered on Jun 25, 2020

3-4 weeks.

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Oklahoma on
Q: Were my rights violated?

I went to court unrepresented, the judge was upset with that and locked me up. I do not recall any formal reason from him other than that. I stayed in jail for two weeks just to qualify for public representation. I wasn't given forms to file for one until the district attorney was called and... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Jan 21, 2020

most judges are reasonable and quite tolerant in terms of giving you time to secure private counsel to represent you if you bond out of jail. I suspect the judge gave you more than one chance to show up with an attorney and you were either unable to secure one you could afford or you refused to do... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Collections for Oklahoma on
Q: I own a used car dealership. I have a truck a man never made a payment and hasn't for 3 months now tried repo larceny?

He apparently has sold it or parted it out

Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

There is a larceny by fraud charge that may apply, but it is really more of a civil issue. If the vehicle is $10,000 or less, small claims court may be an inexpensive way to get a judgement on the person and gain access to any assets they may have. Boeheim Freeman Law... 918-884-7791

1 Answer | Asked in Banking, Civil Litigation, Collections and Identity Theft for Oklahoma on
Q: There's been a payday loan taken out in my name, with my SS#, what can I do?

Its not being paid back, and its going on my credit report. What should I do next? How can I prove it is the person that I suspect it to be that is responsible for this? I disputed the mark on my credit report, but I don't know how to prove to them it wasn't me.

William Jaksa
William Jaksa
answered on Oct 20, 2019

Quickly contact PayDay and ask them to preserve the video surveillance from the transactions they claim to have with you. Contact the police and advise them that your identity has been compromised. Contact Equifax and the other major credit reporting agencies and advise that your identity has been... Read more »

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